VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 356
721
(ii) Where the allegations in the First Information Report and
other materials, if any, accompanying the F.I.R. do not disclose a
cognizable offence, justifying an investigation by police officers under
sec. 156(1) of the Code except under an order of a Magistrate within
the purview of sec. 155(2) of the Code.
(iii) Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the same do
not disclose the commission of any offence and make out a case
against the accused.
(iv) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable offence, no
investigation is permitted by a police officer without an order of a
Magistrate as contemplated under sec. 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of which no prudent
person can ever reach a just conclusion that there is sufficient ground
for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under which a
criminal proceeding is instituted) to the institution and continuance
of the proceedings and/or where there is a specific provision in the
Code or the concerned Act, providing efficacious redress for the
grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with
mala fide and/or where the proceeding is maliciously instituted with
an ulterior motive for wreaking vengeance on the accused and with
a view to spite him due to private and personal grudge.
Where allegations in the complaint did constitute a cognizable
offence justifying registration of a case and investigation thereon and
did not fall in any of the categories of cases enumerated above, calling
for exercise of extraordinary powers or inherent powers, quashing of
FIR was not justified.